Could A Federal Traffic Agency Be Held Liable For Injuries Resulting From Volt Defects?

Consumers throughout California and the United States are protected by a variety of laws ensuring they do not fall victim to personal injury from unsafe products, explains a lawyer. One safeguard comes in the form of consumer protection agencies, such as the U.S. Food and Drug Administration and the National Highway Traffic Safety Administration. Another source of consumer protection comes from product liability tort laws, which hold manufacturers and distributors of unsafe products accountable for damage they cause through private lawsuits brought by affected individuals.

Unfortunately, the system does not always work perfectly to protect consumers. In fact, recently, stories have come to light suggesting that the National Highway Traffic Safety Administration may have delayed in publicly releasing information about exploding batteries in Chevy Volts.

Product Liability, The Chevy Volt, and the National Highway Traffic Safety Administration

Liability for the Defect

While the government regulatory agency may have failed in its role of protecting consumers if allegations of a cover-up are true, tort laws can still provide recourse if any drivers are injured as a result of the Volt’s defects. For instance, according to an article from Cars in Depth, a Chevy Volt and its charging station may have been the cause of a house fire in Mooresville, NC.
Anyone who suffers personal injury or damage to property can file suit against the carmaker, provided he or she can prove a link between the vehicle and the injury or loss that occurred. However, despite the National Highway Traffic Safety Administration’s potential wrongdoing, it is unlikely that injured victims would be able to actually file suit against the administrative agency to collect tort damages; the agency is largely protected by immunity laws sheltering government agencies and government workers from liability.
The National Highway Traffic Administration may, however, face other suits, such as suits to compel the release of information. The agency has faced such lawsuits before, such as in 2007 when they were sued to obtain the release of early warning data in connection with Ford Explorer problems. A consumer watchdog group, Public Citizen, also sued the agency in 2002 over an ineffective regulation on tire pressure, which ultimately resulted in the Court ordering the regulation to be changed. While these lawsuits provide some opportunity for consumers to take action against an ineffective government agency, the agency is not directly held accountable in the way that product manufacturers are for defective products.

If consumers in California or elsewhere in the country sue General Motors for personal injury or damages arising from its defective product, data from the National Highway Traffic Safety Administration’s reports, as well as information about any product recalls that occur, can be used as evidence against the carmaker in proving liability in court, explains a lawyer.

By: Larry Drexel

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Larry Drexel is a Public Relations manager. To obtain free, informative books or articles he suggests visiting California personal injury lawyer.